The Judicial Enforcement of Socio-Economic Rights in South Korea

Cha Wonil ()
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Cha Wonil: Research Department, Constitutional Court of Korea, 15. Bukchon-ro, Jongno-gu, Seoul110-250, Republic of Korea

The Law and Development Review, 2019, vol. 12, issue 3, 819-836

Abstract: Socio-economic rights are regarded as an indispensable foundation of substantial freedom. At the same time, the embodiment of socio-economic rights in the Constitution is generally associated with concerns about their quality as a fundamental right and their judicial enforcement. The South Korean Constitution upholds the principle of the welfare state in the preamble, the fundamental social rights of Articles 31 to 36 and Article 119 (2), providing the legal basis for the regulation and coordination of economic affairs by the State. The implementation of these constitutional norms and ideals was left largely to the political process beyond judicial review for many decades. As a result of the rapid economic development, the democratization process and the introduction of constitutional review in the last 30 years, the normative discussion of basic social rights, both on societal and legal level, has taken on a new life. This article examines the South Korean Constitutional Court’s approach to judicial review in the socio-economic field with due regard to this changing reality.

Keywords: socio-economic rights; right to humane livelihood; judicial enforcements of socio-economic rights; decisions of the Constitutional Court of South Korea (search for similar items in EconPapers)
Date: 2019
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DOI: 10.1515/ldr-2019-0045

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